Bill Text: NY S00429 | 2019-2020 | General Assembly | Amended

New York Senate Bill 429 (Prior Session Legislation)

Bill Title: Prohibits contracts for the purchase or lease of consumer goods from restricting venue in an action relating to such contract.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-12-28 - COMMITTED TO RULES [S00429 Detail]

Download: New_York-2019-S00429-Amended.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                         429--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 9, 2019
                                       ___________

        Introduced  by  Sens. HOYLMAN, BIAGGI -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Judiciary  --
          recommitted  to  the  Committee on Judiciary in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT to amend the civil practice law and rules, in relation to claims
          relating to consumer goods

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 501 of the civil practice law and rules, as amended
     2  by chapter 532 of the laws of 1963, is amended to read as follows:
     3    §  501. Contractual provisions fixing venue. Subject to the provisions
     4  of subdivision two of section [510] five hundred ten  and  section  five
     5  hundred  fourteen  of  this  article,  written agreement fixing place of
     6  trial, made before an action is commenced,  shall  be  enforced  upon  a
     7  motion for change of place of trial.
     8    §  2.  The  civil  practice  law  and rules is amended by adding a new
     9  section 514 to read as follows:
    10    § 514. Actions relating to consumer goods. 1. For the purposes of this
    11  section, "consumer goods" shall mean goods, wares, paid  merchandise  or
    12  services  purchased or paid for by a consumer, the intended use or bene-
    13  fit of which is intended for the personal, family or household  purposes
    14  of such consumer.
    15    2. In any contract involving the sale, lease or otherwise providing of
    16  consumer goods, any portion of the contract or any clause which purports
    17  to  designate,  restrict,  or  limit the venue in which a claim shall be
    18  adjudicated or arbitrated shall be deemed void as against public policy.
    19  Nothing in this section shall be deemed to affect the  validity  of  any
    20  other aspect of a contract.
    21    §  3.  This  act shall take effect on the thirtieth day after it shall
    22  have become a law, and  shall  apply  to  all  actions  and  arbitration
    23  proceedings which have not been commenced prior to such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00870-02-9